After living in the uk for 15 years I didn't know I was an illegal immigrant. What can I do?

[fk098]

I moved to the uk with my father when I was 6 years old. My mother stayed in Antigua(where I was born) but has since passed away. My father has British citizenship(I don't think he had it when I was born).

I grew up my whole life in the uk went to school here, got a national insurance number when I turned 16 and got a job when I was 18. However, I have been working cash in hand jobs (I did provide my national insurance number and my workplace has always sorted out paying my tax on their end) because I do not have a bank account as my passport is no longer valid and I did not have the ID the banks wanted to open an account.

Fast forward to where I am now 21, I have been applying for over a year and finally got an adult Antiguan passport, for my girlfriend to point out when they sent my old one back that the visa stamp inside(from when i arrived here when I was 6 it says 6 months. This did seem a bit weird but I have never had any suspicions that I wasn't meant to be here as I assumed my dad did it all when I was younger and I have my NI number, been to school, work here etc.

I recently left my job and when applying for new ones my girlfriend further pointed out that if I do not have documents to prove I have the right to work in the uk I will not be able to get a job. After speaking with a family friend who works in benefits they have confirmed that as far as they can tell I am here illegally. I have absolutely no idea where to go from here, what to apply for to stay here, will it be rejected anyway since I have been here for so long illegally? I have no family back home only 2 half sisters that I have no seen since i left when I was 6, I do not even know where they live. Would I be approved to stay based on a family visa base don my private life?

[secret.simon]

To start with, find out from your father when and how he got British citizenship.

Do any of your grandparents have any connection (birth, registration, etc) with the UK itself?

[fk098]

It is probably also worth adding that my mother and father were never married. What I post at the moment will be a guess, but I will post an update this weekend when my I speak to my father and ask all of these questions.

My father is from Monsterrat and may have been granted citizenship this way as it is a British overseas territory. I also believe my grandma was a british citizen but as of right now I have no idea how she obtained that.

[Obie]

If you are not a British citizen, then you may qualify under the rules for 30 months as you have been residing in the UK for more than half your life, and under the age of a 25.

[fk098]

Hi Obie, Would you be able to clarify this rule?
Is it the family visa on the basis of private life as I have looked into this and I see there one of the optional requirement is to have lived in the uk more than half your life.

[Obie]

Yes it is. Under private life route.

[fk098]

Would you/anyone else have any knowledge of whether this would apply even though I have been here illegally for that time?

[vinny]

Yes, under 276ADE(1)

(v) is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or

and 276BE(1)

Limited leave to remain on the grounds of private life in the UK may be granted for a period not exceeding 30 months provided that the Secretary of State is satisfied that the requirements in paragraph 276ADE(1) are met or, in respect of the requirements in paragraph 276ADE(1)(iv) and (v), were met in a previous application which led to a grant of limited leave to remain under this sub-paragraph. Such leave shall be given subject to a condition of no recourse to public funds unless the Secretary of State considers that the person should not be subject to such a condition.

Are you sure that your father didn’t apply for ILR for you when you were under 18?

[fk098]

Yes I'm certain he didn't apply for anything for me. I am aware that had he have done so this would make things a lot easier.

[fk098]

When applying for british citizenship via my father, he has to have had british citizenship at the time of me being born. Would anyone know if his british overseas territory citizenship counts?

[secret.simon]

When applying for british citizenship via my father, he has to have had british citizenship at the time of me being born. Would anyone know if his british overseas territory citizenship counts?

He would not have been able to pass on his British Overseas Territories Citizenship to you if he was never married to your mother.

Children born before 2007 could inherit British nationality from their father only if they were legitimate at birth or legimitised by the subsequent marriage of their parents.

Children born after 2007 do not have that restriction.

Form UKF does not apply in this case. It would only have applied if your father was a British citizen (not a BOTC) at the time of your birth.

Obie's suggestion of applying under the Private Life provisions seems to be the only way to proceed.

[fk098]

Thanks everyone for your help, we have booked an appointment with a solicitor!